• Medical Marijuana: Constitutional Amendment Language Filed with the Department of State for the Voting Ballot in 2016
  • February 18, 2015 | Author: Sarah Logan Mancebo
  • Law Firm: GrayRobinson, P.A. - Orlando Office
  • Proponents of the November 2014 constitutional ballot that would have legalized euphoric medical marijuana to treat certain debilitating medical conditions are making a second attempt to legalize medical marijuana in Florida.

    Orlando trial lawyer John Morgan, a primary supporter of the 2014 constitutional amendment, filed proposed language on Thursday, January 8, 2015 with the Florida Department of State. The proposed language for 2016 has been revised to address concerns opponents had with the 2014 constitutional amendment language.

    According to Jon Mills, a constitutional law professor and former Florida House of Representative Speaker who drafted the language for the 2016 constitutional amendment, the revamped measure clarifies the following:

    • Physicians cannot order medical marijuana for minors without parental or guardian approval.

    • Debilitating medical conditions mean cancer, epilepsy, glaucoma, HIV, AIDS, post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated.

    The 2014 constitutional amendment was written in a broader manner that would have allowed physicians to order medical marijuana for other conditions in which the physician believed the use of medical marijuana would outweigh the potential risks for a particular patient. The revised language is an attempt to clarify medical marijuana cannot be used for conditions like a nosebleed, and rather, medical marijuana can only be used for conditions that are the same type of disease as those expressly enumerated in the amendment.

    Efforts are now underway to garner 100,000 signatures to support the 2016 constitutional amendment language, which is enough signatures to prompt the Florida Supreme Court to review the new amendment language.